Section 24B of the Arms Act, 1959: Carrying Notified Arms in Public Places in Disturbed Areas
Section 24B of the Arms Act, 1959 empowers the Central Government, where the statutory conditions are satisfied, to prohibit the carrying or possession of specified arms in or through public places within a notified disturbed area for a specified period. The provision also permits an authorised officer to conduct searches, seize notified arms and detain them during the notification period.
- The Central Government must first be satisfied about extensive disturbance of public peace and tranquillity, or imminent danger of such disturbance.
- The affected area and the description of prohibited arms must be specified by notification in the Official Gazette.
- The prohibition applies to notified arms carried or possessed in or through a public place in the specified area.
- The initial notification period cannot exceed 90 days, although it may be extended in successive periods not exceeding 90 days at a time if the statutory conditions continue.
- Authorised officers may search for and seize notified arms in the circumstances stated in the notification and in Section 24B.
Text of Section 24B - Arms Act, 1959
24B. Prohibition as to carrying of notified arms in or through public places in disturbed areas, etc.
(1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do, it may, by notification in the Official Gazette,-
(a) specify the limits of such area;
(b) direct that during the period specified in the notification (which period shall be a period commencing from a date not earlier than the second day after the date of publication of the notification in the Official Gazette), no person shall carry or otherwise have in his possession any arms of such description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms) through or in any public place in such area;
(c) authorise any such officer subordinate to the Central Government or a State Government as may be specified in the notification,-
(i) to search at any time during the period specified in the notification any person in, or passing through, or any premises in or forming part of, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, any public place in such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container;
(ii) to seize at any time during the period specified in the notification any notified arms being carried by or otherwise in the possession of any person, through or in a public place in such area or discovered through a search under sub-clause (i), and detain the same during the period specified in the notification.
(2) The period specified in a notification issued under sub-section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that Government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1).
(4) For the purposes of this section,-
(a) "arms" includes ammunition;
(b) "public place" means any place intended for use by, or accessible to, the public or any section of the public; and
(c) where the period specified in a notification, as originally issued under sub-section (1), is extended under sub-section (2), then, in relation to such notification, references in sub-section (1) to "the period specified in the notification" shall be construed as references to the period as so extended.
Meaning and scope of Section 24B
Section 24B is a special preventive provision in Chapter IV of the Arms Act, 1959. It does not create a permanent nationwide prohibition. Its operation depends on a Central Government notification covering a particular area, a particular period and particular descriptions of arms.
Conditions for a notification under Section 24B(1)
Before issuing a notification, the Central Government must be satisfied that there is extensive disturbance of public peace and tranquillity, or imminent danger of such disturbance, in the area. It must also consider the restriction necessary or expedient for preventing offences involving the use of arms in that area.
The notification may identify the geographical limits of the area, specify the descriptions of arms to which the restriction applies, set the period of operation, and identify officers authorised to exercise the search and seizure powers described in the section.
What is a "public place" under Section 24B?
Public place
Section 24B(4)(b) defines "public place" as any place intended for use by, or accessible to, the public or any section of the public.
Arms
For Section 24B, Section 24B(4)(a) expressly provides that "arms" includes ammunition.
Search, seizure and detention powers
Under Section 24B(1)(c), the notification may authorise specified officers subordinate to the Central Government or a State Government to search persons, premises, animals, vessels, vehicles, conveyances, receptacles or containers in the circumstances stated in the section where the officer has reason to believe notified arms are secreted there.
The authorised officer may also seize notified arms carried or possessed in or through a public place in the notified area, or discovered during a search under Section 24B(1)(c)(i), and may detain them during the period specified in the notification.
How long can a Section 24B notification remain in force?
Under Section 24B(2), the initial period specified for an area cannot exceed 90 days. The Central Government may extend the notification from time to time, but each extension cannot exceed 90 days at one time. An extension requires the Government to remain of the opinion that the disturbance, or imminent danger of disturbance, continues and that the restriction remains necessary or expedient for preventing offences involving arms.
Current criminal procedure position: CrPC reference and BNSS
The BNSS contains general provisions concerning searches and seizures, including provisions on search warrants, access to closed places, disposal of things found during searches, recording of search and seizure through audio-video electronic means, and seizure of certain property. The precise procedural provision applicable will depend on the nature and timing of the proceeding.
Relationship with nearby provisions of the Arms Act
Section 24B should be read with the surrounding powers and procedure provisions of the Arms Act. Section 24A deals with prohibition as to possession of notified arms in disturbed areas, while Section 24 concerns seizure and detention under orders of the Central Government. Consequences for contraventions may also require reference to the applicable offence and penalty provisions, including Section 25, depending on the facts and statutory ingredients.
Practical points for reading Section 24B
- Verify that a Central Government notification under Section 24B covers the relevant area.
- Check the exact commencement and expiry dates of the notification and any extensions.
- Identify the descriptions of arms declared to be "notified arms".
- Confirm whether the location involved falls within the statutory definition of "public place".
- For a search or seizure, examine both the authority granted by the notification and the applicable criminal procedure law.
Frequently asked questions
Does Section 24B apply everywhere in India automatically?
No. The provision operates through a Central Government notification specifying the affected area, period and descriptions of arms.
Can a Section 24B notification initially exceed 90 days?
No. The initial period for an area cannot exceed 90 days. It may later be extended in periods not exceeding 90 days at a time if the statutory conditions continue.
Does "arms" include ammunition for Section 24B?
Yes. Section 24B(4)(a) expressly states that, for the purposes of this section, "arms" includes ammunition.
Why does Section 24B(3) still mention the CrPC?
The current statutory text of Section 24B(3) still contains that reference. Since the BNSS came into force on 1 July 2024 and repealed the CrPC subject to savings, the current procedural position requires the later criminal procedure legislation and its savings provisions to be considered together with the Arms Act text.